Back
N. S. SHEKHAWAT
Gurwinder Singh @ Bawa – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
N.S.Shekhawat J.
The petitioner has filed the instant petition under Section 439 of the Cr.P.C. with a prayer to grant regular bail to him in case FIR No.173 dated 11.11.2020 registered under Sections 302, 34 of IPC, at Police Station Machhiwara Sahib, Police District Khanna, District Ludhiana.
2. Learned counsel for the petitioner contends that the petitioner was not named in the present case. As per him, the FIR in the present case was initially registered against unknown persons on 11.11.2020, with regard to occurrence dated 09.11.2020. However, on 16.11.2020, the statement of Gurpreet Singh, brother of the deceased was recorded, wherein he stated that he had heard the talks of petitioner, Pawanpreet Singh @ Pawani and Kuldeep Singh @ Sima about causing murder of his brother Gurpreet Singh. He further contends that similarly placed co-accused, Kuldeep Singh @ Sima and Pawanpreet Singh @ Pawani have already been granted the concession of bail by this Court. He next contends that the petitioner was arrested in the present case on 17.11.2020 and is in custody for the last more than 03 years. As per him, only three witnesses, out of total 16 witnesses have been examined so fa
The right to a speedy trial is a fundamental right under Article 21, ensuring personal liberty and just legal processes, which must be upheld during bail considerations.
The right to bail is crucial and should not be denied without substantial justification; the absence of specific attribution in supplementary statements favors bail.
Successive bail in serious offences granted on material change like trial delay and co-accused releases, upholding speedy trial right under Article 21 despite prior rejection.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
The court emphasized that bail is the rule and jail is the exception, particularly in cases of long incarceration without trial, invoking the right to speedy justice under Article 21.
The right to speedy trial is fundamental under Article 21, and prolonged incarceration without trial necessitates bail, emphasizing that bail is the rule and jail is the exception.
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
The right to speedy trial under Article 21 of the Constitution is fundamental, and bail is the rule while jail is the exception, especially when trial has not commenced for an extended period.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
